Part-time work of an employee in the private sector

Part-time work is work of which the duration is less the duration of the work scheduled for the full-time employee.

It must therefore be less than one of the following limits:

• Or the legal weekly period: 35 hours
• Or at the monthly legal duration: 151,67 hours
• Or at the annual legal duration: 1 607 hours

Any employee may work part-time, irrespective of the duration of his contract (DTA: titleContent or CSD: titleContent).

Part-time work may be requested by the employer or the salaried worker.

A part-time employee must respect a minimum working time.

This period shall be fixed by treaty provisions.

In the absence of treaty provisions, the minimum working time shall be:

• Either 24 hours per week (or equivalent monthly duration, 104 hours)
• Or, in the case of a division of working time over a period exceeding one week, 104 hours per month

However, provisions of the Convention may provide for a minimum duration of less than 24 hours per week:

• Depending on the implementation of regular schedules in the company
• Depending on the employee's ability to combine several activities
• Depending on the employee's working hours on regular or full days or half-days

Derogations from this minimum period are also provided for in the following cases:

The remuneration of the part-time employee shall be calculated in proportion to the length of time worked (except treaty provisions or practice more favorable).

It shall be proportional to that of an employee who, for the same qualification, holds a full-time equivalent job in the company.

Compensation can be smoothed over time. This ensures that employees, whose hours vary throughout the year, receive a fixed and regular salary.

A part-time employee may be required to work beyond the duration of the contract.

In this case, the employee works overtime.

It's not overtime.

Number of additional hours that can be worked

Additional hours may be completed up to 1/10^e the weekly or monthly working hours laid down in the contract.

However, it may be increased to 1/3 the weekly or monthly duration per treaty provisions.

Remuneration for overtime

Any additional hours worked shall give rise to a salary increase.

The rate of increase for an additional hour may be fixed by treaty provisions.

The rate of increase shall be:

• Either 10% for each additional hour completed up to 1/10^e the duration of work laid down in the contract
• Either 25% for each hour completed above 1/10^e (and up to 1/3)

Right of refusal of the employee

The employee has the right to refuse to work additional hours:

• If he's informed less than 3 days before the date on which overtime is scheduled
• Or if overtime is worked beyond the limits laid down in the employment contract

The employee's refusal on any of these grounds is not fault or grounds for dismissal.

On the other hand, the employee cannot refuse to carry out the additional hours if he is informed at least 3 days before and that the hours are worked within the limits laid down in the contract.

In this case, the employee's refusal constitutes a fault which may justify a disciplinary sanction (warning, dismissal...) or, depending on the circumstances, a dismissal for misconduct.